HESARUDDIN SARKAR Vs. MAJEDA BIBI

JUDGEMENT

(1.) The present revisional application is directed against Order No. 23, dated 6th June , 1997 passed by the learned Assistant District Judge, Balurghat, Dakshin Dinajpur in Partition Suit No. 43 of 1995.

(2.) Admittedly, in the aforesaid partition suit a preliminary decree has been passed on compromise on the basis of solenama filed by all the parties. Subsequently, an application was filed under section 151 of Code of Civil Procedure by the opposite parties for correction of the decree. It was stated in the said application that at the time of filling of the suit, due to inadvertence in the schedule of the plaint Plot No. 124 was mentioned instead of Plot No. 142 and because of such mistake occurred in the schedule of the plaint, compromise decree has also been passed on the basis of such erroneous schedule. But the aforesaid prayer was seriously objected to by the presert petitioners disputing that the aforesaid plot No. 124 was erroneously mentioned in the schedule of the plaint instead of plot No.142. In the said objection a specific case was made out that the aforesaid plot No. 142 was given to the petitioner No. 2 by the father during his lifetime on 19th June, 1966 by virtue of a wasiyatnama. Since then such land is being possessed by the petitioner No. 2 in his own right which the opposite parties were fully aware.

(3.) By the impugned order the learned Munsif has allowed such prayer for amendment of the decree on the ground that this is a simple correction of mistakes which is permissible.